- (1.) GRIEVANCE of the petitioner in this writ application is against the office order, issued by the District Superintendent of Education, Latehar as contained in Memo No. 1884, dated 31.12.2007 (Annexure -10), whereby the petitioner's salary for a period of about three years and five months has been stopped by the Respondents. Counter affidavit has been filed on behalf of the Respondents.
(2.) HEARD the learned counsel for the petitioner and the learned counsel for the Respondent -State. Learned counsel for the petitioner submits that the petitioner was appointed as Assistant Teacher on 24.05.1976 and while working as a Teacher in the Primary School, Kewarki, Mahuatanr, Latehar, by an order of transfer, she was transferred to another School. Against the order of her transfer she filed a representation before the concerned authorities to withdraw the order of transfer and to allow her to continue in the same school on account of her physical disabilities and pending decision on the representation, she had continued to remain in the same School and when the petitioner's salary was not paid, she filed representations before the District Superintendent of Education and also before the Director, Primary Education. Learned counsel explains further that by order dated 04.12.2007 (Annexure -8), the Director, Primary Education had issued a direction to the District Superintendent of Education, Latehar to consider the claim of the petitioner for payment of her salary for the period for which, she had actually served at the School and in pursuance to the aforesaid order of the Director, Primary Education, the District Superintendent of Education, Latehar vide his Office Order dated 12.12.2007 (Annexure -9) had directed the Headmaster -cum -Drawing and Disbursing Officer of the School to pay the salary to the petitioner for the period, which she had actually worked, after conducting a preliminary enquiry. The grievance of the petitioner is that inspite of the aforesaid orders passed both by the Director, Primary Education as also by the District Superintendent of Education, Latehar, the salary for the period, for which the petitioner had actually worked, was not paid to her and this is in apparent defiance of the order of the Director, Primary Education, Latehar. Learned counsel adds further that the refusal of the salary for the period, for which the petitioner had actually rendered her services, amounts to a punishment imposed for not complying with the order of her transfer.
(3.) LEARNED counsel for the Respondents on the other hand, submits that as directed by the District Superintendent of Education, an enquiry was conducted into the conduct of the petitioner for defying the order of her transfer and at its meeting dated 22.12.2007, the District Education (Establishment) Committee, had resolved to transfer the petitioner to another School and also to 10/5/2014 Page 72 Devendra Mishra Versus Vinoba Bhawe University withhold her salary for the period from the date of issuance of the earlier transfer order and till the date on which the resolution was passed.;